Barber v. O'Connor

We have before us what we treat as a petition to establish a report pursuant to Dist./Mun. Cts. R. Civ. P., Rule 64(e), even though it is not captioned as such. The legal issue is whether the plaintiff, dissatisfied with the damage award in a remanded civil case, has been improperly halted in his efforts to retransfer the case for jury trial in the Superior Court pursuant to G. L. c. 231, § 102C. Attached to the petition are other papers as follows: Exhibit A, captioned Notice of Transfer to Superior Court; Exhibit B, entitled Proposed Draft Report; Exhibit C, Draft Report as Proposed By the…